Appellate Division of the Supreme Court of the State of New York January 15, 1925 (Correa v. Young)

Judgment and order unanimously affirmed, with costs. The undisputed evidence establishes that there was no merger of the commission agreement in the contract of sale. The very language of the commission agreement shows that the contract of sale was theretofore made, even though on the same day. This is without dispute. Nor does the sealed instrument rule affect plaintiff’s claim.